Last Modified: September 19, 2015. These Terms of Use are effective as of September 19, 2015 ("Effective Date").Welcome to the Sousa Bows website located at www.sousabows.com (the "Site"), a copyrighted work owned and operated by Sousa Bows Inc.The terms and conditions of use stated below, along with the policies and guidelines located throughout the Site (collectively herein the "Terms") identify what you, as a user of the Site ("you" or "User") can expect from Sousa Bows Inc., its parent, subsidiaries, dealers, and affiliates (collectively herein "Sousa Bows" or “us”), and/or persons who provide products or services to Sousa Bows customers either directly or through Sousa Bows ("Providers") and the Site, and what Sousa Bows in turn expects from Users.PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE SITE AND THE SERVICES AVAILABLE THROUGH THE SITE (COLLECTIVELY HEREIN THE “SERVICES”), OTHER THAN TO READ THESE TERMS AND CONDITIONS OF USE FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
Licenses and Restrictions
Sousa Bows grants the User a limited, non-exclusive, revocable license to access and make personal, non-commercial use of the contents of the Services ("Content"). Sousa Bows further grants the User a limited, non-exclusive and revocable right to create a hyperlink to the Site so long as the link does not portray Sousa Bows, its affiliates, Providers, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. The foregoing licenses do not include any rights to:
modify, download (other than page caching), reproduce, copy, or resell the Services, the Content, or any portion or derivative thereof;
commercially use the Services, the Content, or any portion derivative thereof;
copy or download any User's account or profile information for the benefit of any third party;
enable high volume, automated, electronic processes that apply to the Services or its systems;
use any robot, spider, data miner, scraper or other automated means to access the Services or its systems for any purpose;
interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
bypass any Sousa Bows measures used to prevent or restrict access to any portion of the Services;
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sousa Bows;
use Sousa Bows name, trademarks, services marks or logos in any meta tags or any other "hidden text";
compile, repackage, disseminate or otherwise use data extracted from the Services; or
otherwise take any action in violation of this Terms of Use or our Privacy Policy.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require Sousa Bows's express written consent (which may include a written agreement signed by an authorized representative of Sousa Bows). Any unauthorized use of the Services, the Content or any portion or derivative thereof shall terminate any license or permission granted by Sousa Bows.
Password and Account Security
If you register an account (“Account”) with the Site, you agree to provide accurate and complete information and to update such information following registration. Failure to provide accurate and complete information or to update such information may lead to suspension or termination of your Account. After registration is complete, you may receive a user name and password. You are solely responsible for maintaining the security of your user name and password and are solely responsible for any activities that occur under your user name and password. You can always delete your Account by emailing us at [email protected].
Submissions
Occasionally, you may see areas on the Services where you can post information or communicate with us or other users. These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. You will keep all ownership or license rights in your User Content (as defined below), including the right to grant additional licenses to your User Content. There are no restrictions on your ownership and license rights in your User Content unless you otherwise agree in writing. We do not own any of your content, although by providing content to us, you may grant us a license to use it. When you submit, distribute, transmit, or post any communications or any other material to Sousa Bows either through the Services, or through our pages on third party sites, such as Instagram, Twitter and Facebook (collectively herein "User Content"), you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Sousa Bows to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sub-licensable, fully paid, royalty-free, and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products. In addition to giving Sousa Bows a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sub-licensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account. When you submit User Content, you represent and warrant that: you hold all necessary right, title, and license to such materials; that your submission of such materials to Sousa Bows does not and will not violate or infringe the rights of any third parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights; and all User Content you provide is accurate, complete, up-to-date, and not misleading. In addition, any User Content must not: include any profanity or obscene, indecent, or pornographic material; contain any unauthorized or unsolicited advertising, such as spam; contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party; impersonate any person or entity; or include anyone's identification documents or sensitive financial information.
Trademarks
Sousa Bows or their respective parents, subsidiaries, Providers, or affiliates, or third parties from whom Sousa Bows has permission, own the trademarks or service marks that are used on the Services. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Sousa Bows and its licensors used on the Services may not be used without prior written consent of Sousa Bows or its licensor, as the case may be. Without limiting the foregoing, no Sousa Bows trademark or trade dress may be used in connection with any product or service that is not Sousa Bows's, in any manner that is likely to cause confusion among Users or in any manner that disparages or discredits Sousa Bows.
Content—Proprietary Rights
User acknowledges that the Services contain Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Sousa Bows owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
Accuracy of Content and Pricing Information
The materials appearing on the Services could include technical, typographical, or photographic errors. The Services attempt to be as accurate as possible, however, because prices, product descriptions, and availability can change quickly, Sousa Bows does not represent or warrant that content on the Services is accurate, complete, reliable, current, or error-free. The particular technical specifications and settings of your computer and its display could also affect the accuracy of its display of the colors of products offered on the Services. In no event shall Sousa Bows or its Providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided on the Services. Sousa Bows may make changes to the materials and information contained on the Services, including to the products and prices described on the Services, at any time, without prior notice to you. Sousa Bows does not, however, make any commitment to update the materials.
Termination of Usage
Sousa Bows may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the Services including any Account thereon, without notice, for any reason in Sousa Bows's sole discretion, including without limitation, violation of the Terms of Use, Sousa Bows's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Sousa Bows, the Services, any of Sousa Bows’s Providers, or another User.
Indemnity
User agrees to indemnify and hold Sousa Bows and their respective Providers, affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) User’s access to the Sousa Bows Services, (ii) User’s use of the Sousa Bows Services, (iii) any User Content posted, uploaded or transmitted by User, (iv) User’s use or distribution of any User Content, (v) User’s violation of these Terms of Use, (vi) any use of User’s User ID or password by User or any third party, or (vii) the infringement or other violation by User, or any third party using User’s Account or User ID or password, of any intellectual property or other right of any person or entity.
Privacy
Sousa Bows believes strongly in the protection of the privacy of Users and our customers. Our data collection and use practices are set forth in our Privacy Policy, which we encourage you to review.
Electronic Communications
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Warranty Disclaimer
User understands and agrees that we have no control over and no duty to take any action regarding:
which Users access the Services;
what Content you access via the Services;
what effects the Content may have on you;
how you may interpret or use the Content; or
what actions you may take as a result of your exposure to the Content.
User releases us from all liability related to User acquiring or not acquiring Content through the Services. Content does not necessarily reflect the opinions or policies of Sousa Bows. All Content on the Services, including User Content and third party Content, is the responsibility of the party that creates it. Sousa Bows does not control or endorse any User Content or third party Content, and we make no claims or representations regarding any Content we do not create. The Services may contain links to other websites or direct you to websites containing information that some people may find offensive or inappropriate. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by Sousa Bows. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Please note that any moderators, forum managers, or hosts on the Services are not authorized as our spokespersons, and their views do not necessarily reflect those of Sousa Bows. We may review Content on the Services, but we do not have an obligation to do so. We reserve the right to review, remove, block, or modify any Content on the Services, including User Content, without notice or further obligation to you. We take no responsibility related to third party Content, User Content, or any actions resulting from your use of any part of the Services. Sousa Bows will have no liability in connection with any Content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether Sousa Bows or another party provides it. When you access third party resources on the Internet, you do so at your own risk.THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOUSA BOWS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO ANY INFORMATION OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY SOUSA BOWS OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, SOUSA BOWS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. SOUSA BOWS DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES. THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF SOUSA BOWS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOUSA BOWS OR THEIR RESPECTIVE AFFILIATES, DEALERS, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, PROVIDERS, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR SOUSA BOWS’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION). THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOUSA BOWS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Severability
The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Sousa Bows to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Governing Law
The Services are created and controlled by Sousa Bows in the State of Florida. The laws of the State of Florida will govern the Terms, without giving effect to any principles of conflicts of laws. Each of Sousa Bows and User agrees to submit to the non-exclusive personal jurisdiction of the courts located within Miami-Dade County, Florida and waives any objection to the laying of venue of any litigation in said courts.
Dispute Resolution
Any claim or controversy at law or equity that arises out of the Terms, the Site or any Sousa Bows Service (each a "Claim"), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Alternatively, at Sousa Bows's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Miami-Dade County, Florida. Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms.
Acknowledgment
The Terms, including all documents referenced herein, represent the entire understanding between User and Sousa Bows regarding User's relationship with Sousa Bows and supersedes any prior statements or representations. Headings used in the Terms are for reference only and shall not affect the meaning of any terms.
Modification
Sousa Bows will occasionally review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time. We will make sure to also change the "Effective Date" at the top of this page so you can tell if these Terms have changed since your last visit. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
